The RazorKnow Organisation

Even if the employment action is otherwise prohibited by the ADEA. A lawyer from Sliedrecht won from a in Fresno California In Meacham Knolls Atomic Power Laboratory was planning to lay off a number of employees. Specifically the jury found that although the plaintiffs did not prove that Knolls intentionally discriminated against them they did prove that Knolls method of deciding who to lay off disproportionately harmed older workers. It has the burden to prove that its decision was based on a reasonable factor other than age. Thirty of the 15 salaried employees the company laid off were at least 65 years old. In reaching its conclusion that the employer has the burden to prove the reasonable factors other than age defense the Supreme Court looked at another provision of the ADEA the bona fide occupational qualification defense. In that case Meacham versus Knolls Atomic Power Laboratory the Supreme Court interpreted a provision of the ADEA that permits an employer to take an adverse employment action against an employee. In other words the ADEA permits employers to discriminate based on age considering age is legitimately necessary under the circumstances. For example it would not be illegal to consider criteria for a particular role in a movie that has a disparate impact on age if the part calls for someone of a particular age. As long as the adverse action is based on reasonable factors other than age. The BFOQ defense states that it is not unlawful for an employer to take adverse employment actions otherwise prohibited by the ADEA where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. Knolls totaled those scores and gave the employees additional points based on their years of service. Twenty-eight of those 39 employees sued under the ADEA claiming Knolls illegally fired them because of their age. The Supreme Court has previously recognized that the employer has the burden to establish the BFOQ affirmative defense. The Supreme Court then agreed to hear the case and eventually reversed the Second Circuit and reinstated the jurys finding that Knolls policy unlawfully discriminated because of age. At the trial a jury found Knolls had violated the ADEA because its layoff procedure had a disparate impact based on age. It then used those totals to decide who to lay off. The Supreme Court ruled that if an employer seeks to rely on that defense. The company had its supervisors rate their subordinates based on their performance flexibility and critical skills. The United States Court of Appeals for the Second Circuit initially affirmed the jurys findings but after the United States Supreme Court asked it to reconsider the Second Circuit reversed itself and ruled in favor of Knolls.

Louisiana’s legal system is different from other American state laws. Initially it was based on Napoleonic code, though it is now gradually falling in line with other American states. Napoleon had based his legal system on Roman law and codified it. The rest of American states, however, follow the English common law, which is based on court precedent. The ruling of one judge may influence the ruling and judgment of another judge. In case of Napoleonic code, the laws are passed by the legislative branch and are interpreted by the judges. Documents and other legal statements need to be written in certain formats that are specific to the state of Louisiana only, and need to be understood accurately.

When in Rome, do as the Romans do. It would, therefore, be more advisable to choose a lawyer from Louisiana, if you are legally involved in that state.

Louisiana, like all American states, has a large number of lawyers in its cities and counties like Alexandria, Houma, Baton Rouge, Covington, Hammond, LaPlace, Kenner, Monroe, Bossier City, Lake Charles and New Orleans, practicing in all types of legal fields like insurance, accidents, injuries, divorce, family and business disputes, probate and real estate problems. There is a lawyer for every situation which requires legal attention and formalities.

There are directories of lawyers you can consult in each city and county. You can also surf the web to read these directories. There are law centers or libraries. You can go there and go through the books pertaining to your type of case. The added advantage of consulting such books is that you can know which lawyer or law firm successfully dealt with your type of problem.

You can also consult some of your friends to check the capability of the lawyer you want to contact. But you must be careful: a lawyer who was more capable in your friend’s case may not be as suitable in your case, because of the nature of the case and the lawyer’s area of expertise. Every legal case, like every medical problem, is unique, though it may ostensibly appear similar. Therefore, a lawyer good in one area may not necessarily be good in all cases. In cases of certain citizens whose income is very limited, free legal service is also available.

Louisiana Lawyers provides detailed information about Louisiana lawyers, Louisiana probate lawyers, Louisiana real estate lawyers, Louisiana divorce lawyers and more. Louisiana Lawyers is the sister site of New Jersey Business Lawyers.

Selecting a fly reel for trout fishing has become, like many things in fly fishing, a somewhat unnecessarily complicated adventure. The problem is, reels have gotten so well-made, so functional, that you almost have to know what you are looking for. In the old days, reels held the line, your spare hand was the drag, and that was it. Tippets almost always broke when fighting an unusually large trout, and the rare one you did haul in was a great cause for celebration.

Well things are different today. Drag systems have changed, there are retrieve ratios (always buy 1:1 for trout), and everyone carries around an extra spool or two to change lines when conditions change. As is the nature of all information posted on the Big Y Fly Co. web site, we are here to try to simplify the whole thing.

Fly Reels Function

First, lets start off with the function of the reel. Well the first thing a fly reel was ever designed to do, was to hold the line. Keep it in a nice, convenient, compact location, where we can strip it out as we need. Then we wanted the reel to ‘reel’ in the line preferably with a fish on, but also without. Guess what, almost every fly reel out there will do these things to satisfaction. The ultra cheap models, have lots of imperfections that cause the line to get caught up in the housing of the reel, and with a fish on a light tippet you will end up being frustrated in no time. The ultra cheap models will also in no time cease to work altogether, forcing you to pony up more dough and thereby negating the only advantage the ultra cheap model had to begin with. In short, stay away from the ultra cheap models.

Fly Reel Drag

After the original function of the fly reel has been satisfied, the next thing to look at is drag. The drag is the fly reel’s system for applying pressure to the fly line, so when you get that big fish, the fish has to work to pull the line out. A good drag will do just that, provide even tension the whole time. There are two types of drag out there, ’spring and pawl’, and ‘disc drag.’ Fly reel companies all over have been bragging about the disc drag, it works like the disc braking system in a car. The disc drag system is THE system of choice for large game fish, from large trout on up. But I frankly prefer the spring and pawl system for 90% of my trout fishing, because it is smoother. Less likely to snap off a 6x tippet when the hooked trout makes a sudden change of direction. So in my humble opinion, if fishing a 5 wt or lighter, don’t forget about the good old spring and pawl. Although it is getting harder to find in a quality reel, it is still out there.

Fly Reel Size and other Considerations

This used to be fairly automatic. Match the weight of the rod with the reel, and the line. This is still true today. Although many manufacturers now tout the weight of the fly reels, and the less fatigue you will have after a day of fishing. I am skeptical that a couple of ounces of weight from the fly reel will make that much difference to your fatigue factor. Although I do agree, that the ‘feel’ should be correct, and if possible try out your fly reel on your rod before purchasing. Or if you purchase the reel from the same manufacturer as your rod, they should be counter balance each other, and the ‘feel’ should be perfect.

Another size consideration is arbor size. Even on trout reel 5 wt. or less, large arbor reels are available. Large arbor reels store the line in larger coils, thereby minimizing line memory, which allows for longer casting. They also increase drag consistency, since the spool isn’t spinning as often, a very nice benefit when using the disc drag reel. And the retrieve rate is faster than standard reels as well.

One last consideration is ease of spool changes, most moderate to expensive fly reels now all are easy to switch out spools, so you can switch from floating to sinking line, or what ever changes you like to make. But it doesn’t hurt to try it out before purchasing, and also check to see how much spare spools are, while you’re at it.

Summary

Fly reels, like all aspects of fly fishing has come along way, in functionality, specialization, and price. Although due to improved manufacturing techniques, it is still possible to get a decent fly reel for about 100 bucks. You also can spend a small fortune, to decorate your fly fishing ensemble as well. As for brands, I recommend sticking to the major names, and review the warranties offered. The bigger names will be around, and the extra spools will be available for many years to come. Don’t forget craftsmanship, Cabela’s for one, puts it’s name on some reels that really don’t pass the muster. Although their mid-range reels are some of my favorites. I have liked every Orvis reel I ever fished, and there are many other names out there to choose from. All things being equal choose the one whose ‘feel’ you like the best. Then you should be happy with your purchase for years to come.

Cameron Larsen is a retired commericial fly tier and fly fishing guide. He now operates The Big Y Fly Company. Http://www.bigyflyco.com. He can be reached at info@bigyflyco.com.

How important is it to have the confidential operations manual in a franchise company? Indeed, it always amazed me how many franchise companies would start out without ever having written their confidential operations manual. They may have had 20 years experience in a small business model, identical to the one they wish to franchise, however they had never written to manual.

I recommend “E-Myth” By Gerber and perhaps this will address some of what I am trying to say. The consistency and integrity of a franchise system and its brand-name rely on a duplicatable method of doing business. The confidential operations manual and it’s specifications must be followed consistently by each franchise outlet. In fact, this issue is so important that I have copied the clause in my franchise company’s franchise agreement, which addresses this issue;

3.7 Confidential Operations Manual And Specifications

For Initial And On-Going Equipment, Inventory And Supplies Our industry is highly competitive. Continuous efforts to maintain, update and improve the System are essential. The developments Franchisor will make for the benefit of the System as a whole are contemplated throughout the term of this Agreement. The continuous development of the System in this manner is an important and beneficial aspect of the relationship Franchisee wants to have with Franchisor. Franchisor agrees to provide Franchisee with one password to access the loaned copy of The Car Wash Guys Confidential Operations Manual once Franchisee has paid to Franchisor the Initial Fee, in full. The Confidential Operations Manual contains the System, including specifications, standards, operating procedures, accounting and bookkeeping methods, marketing ideas, inventory requirements and control techniques, wash unit plans and specifications, equipment and sign requirements, public relations and other rules that Franchisor may prescribe from time to time. The Confidential Operations Manual is and will remain confidential and Franchisor’s exclusive property. Franchisee will not disclose, copy or duplicate any part of the Confidential Operations Manual for any reason.

Franchisor develops minimum requirements for wash products, chemicals, merchandise, inventory, supplies, stationary, business forms, advertising, decor, wash unit plans and specifications, materials, equipment and signs, among other things. These requirements are outlined in the Confidential Operations Manual. Franchisee will purchase all wash products and inventory items specified in the Confidential Operations Manual. Franchisor may amend the Confidential Operations Manual, including changes, which may affect minimum requirements for the franchise operations. Franchisee will strictly adhere to the requirements of the Confidential Operations Manual as Franchisor amends it from time to time. Franchisee will implement immediately all changes at Franchisee’s cost, unless Franchisor otherwise specifies. Franchisor reasonably may restrict Franchisee from producing, stocking, and selling certain items and goods, from time to time, as specified in the Confidential Operations Manual.

Franchisee may purchase some wash equipment, inventory, and supply items from Franchisor, if offered, at Franchisor’s then current prices. If Franchisee desires to purchase any items from Franchisor, payment arrangements must be made when Franchisee places their order. The items Franchisor may offer include among other things equipment, merchandise and supplies that bear the Service Marks. Franchisee must purchase all wash products, supplies, chemicals and inventory items from Franchisor, if offered, or suppliers Franchisor approves from time to time.

Franchisor will not be liable to Franchisee if Franchisor is unable to deliver equipment, inventory, chemicals or supply items to Franchisee because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, national or local holidays, failure of carriers, inability to obtain transportation facilities, forces majeuer, acts of God or of the public enemy, or any other cause beyond Franchisor’s control.

Franchisee must purchase all equipment, chemicals, products, supplies and materials required for the operation of the Franchise from manufacturers, vendors, suppliers or distributors approved by Franchisor. All specifications that Franchisor requires of Franchisee and lists of approved vendors and suppliers will be included in the Confidential Operations Manual and the Franchisee Forum intranet system. Franchisor will use their best judgment to set and modify specifications in order to maintain the integrity and quality of the franchise system.

Additional car wash trucks/units and related equipment must be purchased through Franchisor, if offered, or from a list of approved vendors. Franchisee understands that the prices of such equipment bought from Franchisor may be raised or lowered by Franchisor from time to time due to increases or decreases in prices by Franchisor’s vendors. Franchisee further understands that items Franchisee buys from vendors might also change in price.

Upon advance written request, Franchisee may request Franchisor approval to obtain equipment, chemicals, products, supplies or materials from sources that Franchisor has not previously approved.

Franchisor requests that Franchisee seek out manufacturers, vendors, suppliers and distributors in their Marketing Area to continually expand the approved vendors and products available to franchisees systemwide. Franchisor additionally requests that Franchisee seek out new services, concepts, technologies, materials and methods from their Marketing Area that can be introduced to continually update, improve and expand the System and keep all franchisees system wide on the leading edge.

Franchisor may require Franchisee to give Franchisor sufficient information, photographs, MSDS sheets, drawings, samples, and other data to allow Franchisor to determine whether the items from these other sources meet Franchisor specifications and standards, as established from time to time. These specifications and standards will relate to quality, texture, composition, absorbency, strength, finish and appearance, and the suppliers’ capacity and facility to supply Franchisee’s needs in the quantities, at the times, and with the reliability necessary for efficient operation. Franchisor may require that samples from any supplier be delivered to a designated independent testing laboratory for testing prior to approval and use. Franchisee will reimburse Franchisor for the actual cost of the tests. Franchisor will license any supplier, that can meet or exceed Franchisor quality control and confidential formula requirements and standards, for a reasonable license fee, to produce and deliver products to Franchisee but to no other person.

Franchisor confidential manufacturing requirements, equipment, designs, systems and formulas will be disclosed to potential suppliers only after Franchisor has received reasonable evidence that the proposed supplier is trustworthy and reputable; has the capacity to consistently adhere to Franchisor standards, requirements and testing procedures; will maintain the confidentiality of the designs, systems and formulas; and will adequately supply Franchisee’s reasonable needs. Franchisor will not unreasonably withhold approval of a supplier Franchisee proposes. Franchisor will notify Franchisee in writing of the approval or disapproval of any supplier Franchisee proposes.

From time to time Franchisor or their agents may inspect any approved manufacturer’s, supplier’s or distributor’s facilities and products to assure proper production, processing, packaging, storing, and transportation. Permission for inspection will be a condition of Franchisor’s continued approval of any manufacturer, supplier or distributor. Should Franchisor determine from any inspection that a manufacturer, supplier or distributor fails to meet Franchisor’s specifications and standards, Franchisor will give written notice describing this failure to Franchisee and to the manufacturer, supplier or distributor, together with a notice that unless the failure or deficiency is corrected within thirty (30) days, the manufacturer, supplier or distributor will no longer be approved.

All initial transactions with vendors must be negotiated by Franchisee prior to the opening of the Franchised Business. Franchisee must purchase the required items through Franchisor’s approved vendors and sources, have taken receipt of, installed in Franchisee’s mobile car wash truck/unit and have fully operational all required items within one hundred thirty-five (135) calendar days of signing the Franchise Agreement.
Franchisee will find all specifications for the initial equipment in the Confidential Operations Manual and the Franchisee Forum intranet system. If Franchisee does not have all required equipment ready within one hundred thirty-five (135) calendar days due to circumstances beyond Franchisee’s control, Franchisee agrees to borrow a loaner unit to start the Franchised Business if one is available and Franchisor offers it to Franchisee.

– — —- — –

Although our little franchising company was very simplistic you can see how important this issue was to us. Each franchising company needs to get with legal counsel and a competent franchise attorney to strategize how best to address this issue in the franchising agreement. So, consider this in 2006.

“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; http://www.WorldThinkTank.net/wttbbs/

Gaston County in the State of North Carolina has several databases of information on criminal records. These sources of Gaston County criminal records deal mostly with convictions. This means that the databases that are publicly accessible may not include information on minor misdemeanors and other criminal offenses of a less serious nature.

A Gaston County conviction refers to a judgment handed down from a court to indicate that the person in question is found guilty of a crime. A Gaston County conviction may also result from the fact that the person in question pleaded guilty to the crime or offense. Now, since not all Gaston County criminal records are records of convictions, then databases primarily containing information about convictions are not complete sources of criminal history information of your subject. Still, they are great places to check out when conducting a Gaston County criminal records check.

What are the uses of Gaston County Criminal Records?

There are legitimate purposes in getting copies of your Gaston County criminal records. If you’re applying for a job, then chances are you need to know what information is contained in your Gaston County criminal records. But employment is not the only reason why anyone would need to get copies of their own Gaston County criminal records. When you’re applying for a professional license, your Gaston County criminal records may come in handy.

Employers have a legitimate use for Gaston County criminal records. They need it to conduct pre-employment background checks on all their prospective hires. The information that they find out through Gaston County criminal records check could very well affect your chances of getting hired. So why take chances about your career? Why not know beforehand what sort of information you can glean from your Gaston County criminal records?

Aside from employment and licensing purposes, Gaston County criminal records also come into play during court inquiries, criminal justice investigations, researches, et cetera. There are several more purposes to Gaston County criminal records. However, if you were to generalize all these, the result would be mainly for records-keeping and reference.

Where to find Gaston County Criminal Records

Public records information retrieval used to be a job that is relegated to research experts. But now, thanks to the existence of the Internet and the many diverse information it contains, the job of public records research is no longer exclusive to individuals who make it their profession to unearth little-known public records and other relevant documents.

The State of North Carolina where Gaston County belongs does not have an online central repository of criminal records. However, there are many NC government sites which you can access in order to get a hold of Gaston County criminal records. The key therefore is to know what type of documents you are looking for and determine which government office you should get it from.

Find Anyone, Anywhere, Anytime… Dig Up Dirt on Anybody… Even Uncover Secrets and Closely-Guarded Information… Plus, Do It All Legally and Without Anyone Ever Finding Out! Visit the Criminal Background Check site for more information.

Jesus Christ teaches: “Do not judge, or you too will be judged.” Matthew 7:1. Why then should anyone wish to become a judge? Please don’t get me wrong in case you recognize me. My father was one, and my late brother retired as a Justice of the Supreme Court in Nigeria. I’m in no way been disloyal to the family.

In my last year but one in the high school, —- that was about half a century ago—- we were given time to prepare for the end of year exam. The class was so noisy that the School Principal repeatedly came to quieten us. With the help of my half-fool rule and peanuts, I was flipping missiles across the class room. One boy decided that he had had enough. As he stepped on an empty seat in his attempt to get at me quickly, the School Principal once again showed his face through the door. Given the standard of discipline in those days, he was caught red-handed disturbing the class and was duly punished. But as everyone in the class that day knew, I, who started it all escaped punishment.

In my early teens, I came to realize that I always ended suffering more if I tried to retaliate. I was therefore forced to stop it. A big demonstration of this happened later in my life when my first wife opened up and confessed that she was not a human being, but a spirit who took on human form. That was the end of the marriage especially after recounting some of the havocs she had wreaked in my life. Definitely, she was not the type of wife I wanted to spend the rest days of my life with. I moved out, and left her everything in the home. In addition, I changed the registration and the insurance of my personal car to her name, changed all the tires to brand new before I gave it to her as a gift. My thinking was that though she deserved punishment, only the Almighty GOD could adequately recompense her. I did not intend to personally bring down her standard of living.

Four years latter, one of her close associates wanted me to intervene in her marriage which, by their mutual agreement, was to terminate at the end of the third day. Her husband was a friend. As it turned out, she was right in her assumption that I could persuade her husband to give their marriage a second chance. She let on that my ex, wielding spiritual powers, cast accident-spell on my new car. In spite of her powers, it was she that had the accident. The car I gave her did not perform well with her, and she decided to sell it. The man introduced as the buyer, ran away with the car. If the police had caught him, he would have been charged for car theft. On the contrary, I thought the LORD GOD wanted him to have the car. The point I’m making is that, even with the best of intentions, dispensing justice is very dicey.

How does one describe the situation when one who sought employment in the Ministry of Justice, spears no effort to rape justice? I have come to regard the term plea bargain, as a synonym of: murder justice. It is an inversion of normalcy and all that is decent when a prosecutor is bent on obtaining a conviction, regardless. Most often than not, a convincing story is deliberately fabricated that the truth now seems to be a lie. It is sufficient for one to be at a wrong place at the wrong time as proof of guilt. But, so long as a crime scene is not yet declared out of bounds, anyone unfortunate enough will be found there. That one has to agree to a plea bargain for a reduced punishment for an offence he did not commit.

It happens often that the sanity of the accused is in doubt. Improving his mental health would benefit the community and the particular individual. However, the life ambition of the prosecutor is to obtain conviction all the time even if it is a travesty of justice. Whose purpose is he serving?

It is high time that the plea bargain idea is done away with. It cannot be true that we all experience no qualms of conscience when an innocent person is forced to enter a plea bargain. Fancy that! Libby, accused of leaking classified information rejected the plea bargain offered him. On what basis what that offer made, one might like to know. The prosecutors should go into retreats and fashion out a better way to dispense justice. It is injurious to the conscience, to the morality, to the well-being of the nation, when her innocent citizens are forced to plead guilty to a crime which they did not commit. You do not have to wait until it happens to someone dear to you. Have you figured out how you can wriggle out of it?

Cornelius is a Nigerian. He went to Britain for his university education. He obtained B.Sc. Hons. Physics, and M.Sc. Solid State Physics. He returned to Nigeria afterwards, and taught in universities and polytechnics before he retired. Currently, he is in US to publish and promote his book: The True Mission of Christ. The content is by direct Divine revelation, and therefore, cannot be faulted. More about the book can be found at http://www.babasanyacraig.com.

Malpractice suits are filed in cases pertaining to negligent treatment of animals. It is generally expected of a veterinarian to live up to a special standard of efficiency and competence. If a veterinarian fails to treat an animal pursuant to the standard of care provided by other professionals specializing in the field of veterinary science, he or she ends up committing malpractice, better known as veterinary malpractice. For instance, when the pet dog is not given a certain vaccine which is the standard of care offered by every other similar professional at a time when the pet’s condition is deteriorating, the veterinarian commits a malpractice.

The owner of the pet often approaches a skilled and competent veterinarian based on the reputation made by him or her in that geographical location. These vets are also licensed by the State Licensing Board. When the service pursuant doesn’t seem to recover, the owner has the right to take a second or third opinion. But in case the animal succumbs to the treatment, the owner of the pet can take action against the veterinarian.

Animal laws and procedures are different in every state. Not only this, but often the case filed helps to recover only the market value of the pet as pets are seen as a property like household goods. But changes are being made in some state laws to recognize the special bonding between the pet and its owner.

Normally the owner of the pet animal will try to reach a compromise with the veterinarian. In other cases, the owner of the pet registers a complaint with the State License Board that issues license and supervises the veterinarians. The board takes necessary action as revealed through their review and investigation of the case. The owner of the pet may even file suit against the veterinarian or the veterinary hospital - even though the case may be expensive and time consuming. Such checks on the veterinarian practices will also help to curb the possible veterinary malpractice.

Malpractice provides detailed information about malpractice, legal malpractice and more. Malpractice is affiliated with Atlanta Personal Injury Lawyers.

Whether it’s down to the decaying services being provided by the UK’s National Health Service (NHS) or because more of us are aware of the benefits of dental surgery, what is indisputable is that there are more compensation cases for dental negligence than at any other time in our history.

So, if you have been on the wrong end of a particularly nasty piece of dental surgery recently, how would you go about making a dental negligence claim?

Dental Negligence Solicitor

Even though some experts will tell you that the standard for establishing a claim of negligence involving dental surgery is easier than in other areas of medical negligence. There are less things that can go wrong in dental surgery than in hospital surgery, this is still a very technical area of personal injury law.

As such, top of your list of priorities following the dental procedure in question should be a visit to see a dental negligence solicitor. The solicitor should then tell you whether or not you have a personal injury claim to make against the dentist who did the botch!

In the event that you cannot afford a compensation solicitor, don’t worry too much about this as most dental negligence solicitors these days are more than willing to agree to work for you on a no win no fee basis.

Basically, under a no win no fee structure, you will not be liable for the cost of retaining your solicitor because, should you lose, he has agreed not to be paid, and should you win, he’ll be paid by your opponent.

Establishing Who To Sue

At your preliminary meeting with your dental negligence solicitor you’ll need to determine who you are going to sue. As, in the UK, we have a dual system of dental care, between the private sector and the public sector, with many dentists practicing in both. Before you can submit your dental negligence claim you need to establish whether you saw the dentist in the capacity of a patient under the NHS system, or as a private patient of the dentist.

In the event that you saw the dentist as a private patient, then in all likelihood you will not be suing the dentist for compensation, but rather the dentist’s insurance company! On the other hand, if you were visiting the dentist as a patient under the NHS system, then, again, you would not be suing the dentist for negligent compensation, but the NHS itself.

Standard Of Care

Generally the accepted reasoning is that dentistry is a ‘tried-and-tested’ profession where things can only go wrong if the practitioner has made a mistake. Nonetheless, as with all personal injury claims in the UK, you will need to establish that the dentist owed you a duty of care and was not diligent in undertaking his duties.

In this regard, so far as dental negligence is concerned, any dental negligence claim will need to show that the dentist did not exercise the professional standards set by the British Dental Association and/or the Dental Practice Board.

It’s Your Right - Claim It!

You may feel that a claim for dental negligence compensation is a little trite - after all, it’s not the end of the world! However, keep in mind two factors:

• even if it is the case that the dentist pulled the wrong tooth or gave you a filling you didn’t need, if you are an adult that tooth will never grow back and it has gone forever!

• dental negligence does not only cover the simple pulling of teeth, it also includes complex procedures such as root-canals and gum treatment. These procedures can not only be extremely expensive, but also extremely painful.

Beside that, if you do not retain a dental negligence solicitor and take action against a negligent dentist for dental negligence compensation, then the next person to sit in the same dentist’s chair may have the same experience as the one you just had!

It’s easy to proceed with a dental negligence claim and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of dental claims at http://www.100percent-compensation.co.uk/articles/dental-negligence.html.

Recently a well-known Franchise Attorney Died. Now all the other franchise attorneys are falling all over themselves saying what a great guy he was? Yes, perhaps, but he was a lawyer. All lawyers steal from the productivity of the Nation and all franchise lawyers are a plague on the franchise model and industry. They say this lawyer was an intellectual. Indeed and maybe he was, but all lawyers live in a made up world of laws, which they and their law-making lawyer politician friends create; a little self-serving.

So is an intellectual lawyer thinking on issues and laws, which are made up and how these might conflict really an intellectual? Oh, I suppose in a virtual world they could be. You know like a punk teenager who listens to rap or techno music, while pounding the Twinkies between taking crystal meth and/or smoking pot and is busy learning all the rules in a video game and learning the best way to rack up the most points or in this case with lawyers fees. Are lawyers really intellectuals or are they criminals like international terrorists screwing over entrepreneurs and free enterprise like virus-ridden parasites? Personally the more lawyers who die the better for the franchise industry, the method in which they die, is irrelevant, they have been stealing from this industry long enough.

I have not heard one non-lawyer say anything nice about this well-known lawyer who died, nor do I expect to. There is no greater scum on the planet than lawyers, whether they be government lawyers, private practice lawyers or franchise lawyers. I hope they all burn in hell. This article is my opinion and therefore I am exercising my right to free speech for as long as that right lasts, as there are lawyers who want us to worship them and wish to take away even that right unless it happens to agree with their opinion.

To the family of this dead franchise lawyer, he died for a noble and just cause, because now that he is dead he can no longer screw over franchisors or franchisees and that is best for the American People, as the best lawyer is one who is no longer breathing. In his death he has greatly helped the free enterprise system and for that I wish to thank his family for their sacrifice. There are others who would rather he burn in hell for eternity, but that would not be the polite or political correct thing to say during your grieving process. Hopefully once you get this behind you, someone will sue your family so his ill-gotten gains will live again.

“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; http://www.WorldThinkTank.net/wttbbs/

No matter where you live in North America, you must have seen some humoristic vignettes depicting a not-so-trustworthy Realtor intent at selling a house to some innocent-looking couple. My favorite vignette, which still makes me chuckle today, goes back to a few years ago when I was practicing real estate at United Realty. It involved a Real Estate Agent of Pompeii Realty, briefcase in hand, in the process of selling a house to an ancient Roman couple sometimes around 100 BC . The house is overlooking Mt. Vesuvius. There is a black, threatening, ominous plume of smoke coming out of the top of the volcano, and the Roman couple looks somewhat startled when the Real Estate Agent - big smile on his face - delivers the punchline: ” Plus, with a view like this what could possibly go wrong” !

What is it exactly that you do when you sign a ‘contract’ . The term ‘contract’ means a promise or a set of promises made by one person to another, which the Courts will enforce. A contract can contain a number of promises or ‘terms’ to be performed by either party. The person who makes the promise is called the ‘promissor’ and the person who can enforce that promise is called the ‘promissee’ . If the contract contains several mutual promises, each party will be both a promissor and a promissee. Contracts of Purchase and Sale of land and interests in land usually have lots of mutual promises. Contracts are a crucial part of every business transaction, but not nearly as much as in Real Estate. For instance, some contracts are made verbally while others are made by simply exchanging letters or even e-mails. This is not the case in Real Estate, where it is a requirement at Law that contracts be written down in usually lengthy legal forms to avoid uncertainty, ambiguity and to be binding .

A contract has seven essential elements:

Offer.

Acceptance.

Consideration

Legal Intent.

Capacity.

Legal Object.

Genuine Consent.

Each of these elements must be present for a contract to be binding and enforceable. Let’s examine them individually.

OFFER

An offer is the promise made by one party to another. Save and except in Real Estate where the offer must be in writing, an offer can be made in any form. In all circumstances, however, an offer must be made in clear an unambigous terms. If more than one interpretation can be given to an offer, neither interpretation will be followed by the Courts. There are ‘unilateral’ and ‘bilateral’ offers. Offers to purchase real property are bilateral, i.e. containing the exchange of mutual promises.

An offer is not made forever. Offers can either be finalized, when all mutual promises are fulfilled. Or they can expire, if not timely accepted. Or they can be released, if one of the parties does not - or cannot - deliver on the promise. Offers can also be revoked after acceptance, unless a term of the offer stipulates that revocation is not allowed.- as it is now the case in British Columbia for offers involving land. A ‘counter-offer’ is simply an offer from the offeree back to the offeror. The legal effect of a counter-offer is to terminate the original offer and substitute the offer of the offeree. What this means in practicality is that if the counter-offer is not accepted, the offeree cannot try to accept the first offer unless it is tendered again by the offeror. This is a point often times neglected in Real Estate, which has caused several tears to be spilled.

ACCEPTANCE

The acceptance, like the offer, must be given in clear terms. It must be a positive act. For instance, an offer cannot state “If I don’t hear from you, I will assume you have accepted”. Doing nothing will never be considered legal acceptance. The rule at Law is that where an offer is required by statute to be in writing, then also the acceptance must be in writing in order for the offer to become a contract binding on both parties. Such is the case in Real Estate. An acceptance has no effect until it is communicated to the offeror. Communication can be made by ‘instantaneous means’ as in the case of telephone or teletype or fax communications, or e-mail or hand-delivery and by ‘non-instantaneous means’ such as postal mail. The Law gives the responsibility to the offeror to specify how he wants the offer to be accepted. If the offeror chooses a method like slow mail, then he assumes the risks involved in that type of service (such as misdelivery).

CONSIDERATION

For an offer and acceptance to form a contract there must be consideration or the contract must be signed under seal. Consideration is defined as ’some right, benefit or profit accruing to the promissor or some forebearance, detriment, loss or otherwise responsibility suffered by the promissee’ . What this means is that the party trying to enforce the contract must have ‘paid’ something in exchange for the promise of the other party. Consideration must be of real value, but it does not have to be money. For example, a mutual exchange of promises is consideration per se.

LEGAL INTENTION

For a person to be bound to a contract, he must seriously intend to create legal obligations. For example, inviting a guest for dinner would normally not be considered a contract intended to create legal obligations. The Law presumes that there is legal intention in a contract involving total strangers. On the other hand, if the contract is between family members the Law presumes that there is no intention to be so bound (non arm-length transaction). However, this presumption can be reversed if there is evidence to show otherwise.

CAPACITY

Even when all the foregoing essential elements exist, a contract can still be void, voidable or illegal. A void contract is one which is deemed at Law never to have existed. A voidable contract is slightly different: it exists until it is repudiated by one of the parties. An illegal contract is one which is made for an illegal purpose, and which is therefore always void. Examples of voidable contracts are the ones made when one of the parties is an infant, i.e. a minor or under the majority age. In this case the contract can be voided by the infant. Likewise, when one of the parties is legally insane, the contract is voidable. A special case is a contract stipulated when one of the parties is a limited company or corporation. Three questions must be first answered before the contract can be enforceable: 1) whether the corporation does in fact exist and 2) whether it has the capacity to enter into the contract and 3) whether the person signing on behalf of the corporation is, in fact, the authorized signatory.

LEGAL OBJECT

Quite aside from blatantly illegal contracts such as, for examples, contracts to commit a crime or tort until recently here in British Columbia certain other types of contracts where considered illegal. For example, until the mid-80’s contracts involving the sale of land made on a Sunday were deemed to be a contravention of s.4 of the Lord’s Day Act(now repealed) and, thus, illegal and void. Since then, the Supreme Court of Canada has ruled that the application of s.4 - in fact the entire Lord’s Day Act - is unconstitutional in that it infringes on the freedom of conscience and religion guaranteed by the Canadian Charter of Rights and Freedom.

GENUINE CONSENT

If one of the parties makes a misrepresentation or if the contract contains an inherent mistake, the contract may still not be binding. A misrepresentation is, by definition, a statement which is false and which must have induced one of the parties to enter into the contract. A misrepresentation can be innocent, negligent or fraudulent and different remedies are available to the party suffering damages because of the nature of the misrepresentation. If the representation is innocent, the party can sue for rescission of the contract. In the case of negligent or fraudulent misrepresentation, the affected party can sue for damages as well. Although misrepresentation requires a statement to be made, in Real Estate silence too can result in some form of misrepresentation. Disclosure of latent defects is one such example: failure to disclose latent defects on the part of the Seller will not, by itself, affect the consent of the parties but will have similar consequences as misrepresentation.

In the case of inherent mistake, true consent of the parties does not exist. The logic behind this notion is that the parties were negotiating for a subject matter other than the one stipulated in the contract. A specific type of mistake is sometimes referred to as ‘non est factum’ , Latin for ‘this is not my deed’ . This occurs when a person executes one form of document thinking the document is something else. Duress and undue influence both affect the genuine consent element of a contract. Duress occurs when a person is forced to enter into the contract against his will. As a result, the Courts will find the contract voidable at his option. Undue influence, on the other hand, is more subtle. Like duress it results in one party losing his free will to contract out. However it occurs more frequently when a person is in a superior or dominant position in relation to another and uses this influential position to induce the other to enter into the contract. Again, if undue influence is found, the contract is voidable at the option of the innocent party.

Luigi Frascati

luigi@dccnet.com

www.luigifrascati.com
Real Estate Chronicle

Luigi Frascati is a Real Estate Agent based in Vancouver, British Columbia. He is the author of the Real Estate Chronicle, his weblog published online. Luigi holds a Bachelor Degree in Economics and has been practising real estate for the past eighteen years